What happens if the at-fault driver has no insurance in Texas?
If an at-fault Texas driver is uninsured, an injured person may still have potential sources of recovery. Depending on the policy and facts, those sources can include uninsured motorist coverage, personal injury protection, another liable party, or a claim against the at-fault driver personally. The available options should be investigated before assuming there is no recovery.
Does Texas Require Uninsured Motorist Coverage?
Texas automobile insurers generally must provide uninsured/underinsured motorist coverage unless the named insured rejects that coverage in writing. Whether UM/UIM coverage is available in a particular collision depends on the policy, the insureds, the vehicles involved and other facts.
What Does Uninsured Motorist Coverage Do?
UM coverage can provide a potential source of compensation when an uninsured motorist is legally responsible for a covered collision. Coverage remains governed by the insurance contract and Texas law.
A claim against your own insurer is not automatically the same as receiving payment. Liability, damages and coverage issues may still need to be established.
What If the Driver Has Insurance but Not Enough?
That situation may involve underinsured motorist coverage rather than uninsured motorist coverage. UIM issues can arise when the responsible driver’s available liability coverage is insufficient in relation to legally recoverable damages.
Could Another Party Also Be Responsible?
Yes. An investigation should not necessarily stop with the driver.
Depending on the facts, another potentially responsible party could include an employer whose employee caused a collision in the course and scope of employment, an owner or other person whose conduct independently contributed to the accident, or another driver whose negligence contributed to the crash.
Can You Sue the Uninsured Driver Personally?
A person injured by an uninsured driver’s negligence may potentially pursue the driver personally. Whether doing so is practical depends on the circumstances, including available assets and other sources of recovery.
What Evidence Should You Preserve?
- Crash-report information
- Photographs and video
- Witness information
- The other driver’s insurance information or evidence of no coverage
- Your complete automobile insurance policy and declarations
- Medical records and bills
- Lost-income documentation
For Dallas-area collisions, see the firm’s Dallas car accident information. For Fort Worth-area cases, visit the Fort Worth car accident page.
Frequently Asked Questions
How do I know whether I have UM/UIM coverage?
Review the declarations and policy documents. Because Texas insurers generally provide UM/UIM coverage unless it was rejected in writing, the policy records can be important in determining what coverage applies.
Does UM coverage mean my insurer automatically pays my claim?
No. Coverage, liability and damages can still be disputed and must be evaluated under the policy and applicable Texas law.
What if I was injured in a hit-and-run?
Hit-and-run collisions can present UM and evidence issues. Promptly report the collision, preserve available evidence and review the applicable insurance policy.
Uninsured Driver After a Texas Accident?
The absence of liability insurance does not necessarily mean there is no potential source of recovery. The Piri Law Firm can review the collision and available insurance coverage.
This article is general information, not legal advice. Insurance coverage depends on the policy language and facts of the claim.
